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SCrewing myself??

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sajoseph

Junior Member
What is the name of your state? Florida

I have a son who is almost 17yo now. I have been receiving child support since he was 2 yo. The child supp was based on my ex's income at that time, which was minimum wage and part time. It was set at $43.38 a week. Shortly after, me ex got a better job and before long was making in excess of $50000 a year, some years as much as $70000. I NEVER raised his support, due to the sole fact that we were supossed to alternate claiming him on taxes each year, but he had given me written permission to solely claim him and I always have with no problems.

For 4 years, he had given me $40 every two weeks($20 week) extra as my son got older. Which was very helpful, and my payments never stopped.

Recently he has started his own business, and although I understand his payout in bills is $15000 a week(He brags that to me ) he is not paying support at all to me. He is behind $200 in the "personal" payments and 5 weeks behind in the regular payments. When I called him to inquire, he got angry(due to the stress) and stated that last year he had taken the year off to go to school to become certified for opening his business, and only had a W2 for $150, and if I reported him, I would be screwing myself!

Is this true??Although for 14 years he grossed a ton of $$$, one year at $150 is enough to screw me???
I promised to never raise his support out of greatfulness for the tax break, but if added correctly, he would owe me a ton of much needed money, as 16 yo are not cheap! I dont want to be like this, but he has no intentions of payin me what he owes me and as his business gets deeper involved and as he hires new help, more payroll, my son will be 18 and payments will stop.

My son is pretty expensive and is the one suffering through this. I have less gas $ to give him, he dirtys more clothes then I do which I spend utilities washing, the 2 or 3 showers a day, the a/c, the FOOD he eats, etc.

What do you suggest??

Because even with the extra $20 a week, was not compared to what the courst would have set the amount for, even including my income!
 


BelizeBreeze

Senior Member
Tell him if the funds are not in your hand in 24 hours not only will you file for a modification of support, you will do so based on the AVERAGE of three year's Tax Returns....

Then sit back and wait until he stops screaming.
 

seniorjudge

Senior Member
sajoseph said:
What is the name of your state? Florida

I have a son who is almost 17yo now. I have been receiving child support since he was 2 yo. The child supp was based on my ex's income at that time, which was minimum wage and part time. It was set at $43.38 a week. Shortly after, me ex got a better job and before long was making in excess of $50000 a year, some years as much as $70000. I NEVER raised his support, due to the sole fact that we were supossed to alternate claiming him on taxes each year, but he had given me written permission to solely claim him and I always have with no problems.

For 4 years, he had given me $40 every two weeks($20 week) extra as my son got older. Which was very helpful, and my payments never stopped.

Recently he has started his own business, and although I understand his payout in bills is $15000 a week(He brags that to me ) he is not paying support at all to me. He is behind $200 in the "personal" payments and 5 weeks behind in the regular payments. When I called him to inquire, he got angry(due to the stress) and stated that last year he had taken the year off to go to school to become certified for opening his business, and only had a W2 for $150, and if I reported him, I would be screwing myself!

Is this true??Although for 14 years he grossed a ton of $$$, one year at $150 is enough to screw me???
I promised to never raise his support out of greatfulness for the tax break, but if added correctly, he would owe me a ton of much needed money, as 16 yo are not cheap! I dont want to be like this, but he has no intentions of payin me what he owes me and as his business gets deeper involved and as he hires new help, more payroll, my son will be 18 and payments will stop.

My son is pretty expensive and is the one suffering through this. I have less gas $ to give him, he dirtys more clothes then I do which I spend utilities washing, the 2 or 3 showers a day, the a/c, the FOOD he eats, etc.

What do you suggest??

Because even with the extra $20 a week, was not compared to what the courst would have set the amount for, even including my income!


Q: Is this true?

A: No. Do you really think any judge is going to fall for his story (even the judges in Florida are smarter than that)!?
 

BelizeBreeze

Senior Member
seniorjudge said:
Q: Is this true?

A: No. Do you really think any judge is going to fall for his story (even the judges in Florida are smarter than that)!?
ONLY the democratic ones....the republicans will fall for anything :D
 

Ohiogal

Queen Bee
BelizeBreeze said:
Tell him if the funds are not in your hand in 24 hours not only will you file for a modification of support, you will do so based on the AVERAGE of three year's Tax Returns....

Then sit back and wait until he stops screaming.
OOooooo I hope its caught on tape. That would be entertaining. LOL.
 

Gracie3787

Senior Member
sajoseph said:
What is the name of your state? Florida

I have a son who is almost 17yo now. I have been receiving child support since he was 2 yo. The child supp was based on my ex's income at that time, which was minimum wage and part time. It was set at $43.38 a week. Shortly after, me ex got a better job and before long was making in excess of $50000 a year, some years as much as $70000. I NEVER raised his support, due to the sole fact that we were supossed to alternate claiming him on taxes each year, but he had given me written permission to solely claim him and I always have with no problems.

For 4 years, he had given me $40 every two weeks($20 week) extra as my son got older. Which was very helpful, and my payments never stopped.

Recently he has started his own business, and although I understand his payout in bills is $15000 a week(He brags that to me ) he is not paying support at all to me. He is behind $200 in the "personal" payments and 5 weeks behind in the regular payments. When I called him to inquire, he got angry(due to the stress) and stated that last year he had taken the year off to go to school to become certified for opening his business, and only had a W2 for $150, and if I reported him, I would be screwing myself!

Is this true??Although for 14 years he grossed a ton of $$$, one year at $150 is enough to screw me???
I promised to never raise his support out of greatfulness for the tax break, but if added correctly, he would owe me a ton of much needed money, as 16 yo are not cheap! I dont want to be like this, but he has no intentions of payin me what he owes me and as his business gets deeper involved and as he hires new help, more payroll, my son will be 18 and payments will stop.

My son is pretty expensive and is the one suffering through this. I have less gas $ to give him, he dirtys more clothes then I do which I spend utilities washing, the 2 or 3 showers a day, the a/c, the FOOD he eats, etc.

What do you suggest??

Because even with the extra $20 a week, was not compared to what the courst would have set the amount for, even including my income!
There are a couple of things you can do. You can file a motion for civil contempt for the unpaid amount of COURT ORDERED CS. You can also file for a modification, to have the CS redone using your income and his last couple of years income averaged out.

There will be "trade offs" of course for your actions. One: be prepared to go by the original order and give him the tax deduction as ordered. You will not be able to get any judgement on the extra amount he was paying you, since it wasn't court ordered. Any modification will only go back to the date of filing. He may have grossed a ton of $$$ for the past 14 yrs, however, at this point the court can't do anything about the past, because you didn't ask for an increase.

If you and him usually get along, try talking to him to see if he'll pay at least the court ordered amount, if he says he won't or can't then you can file for contempt, but he may get angry, so try working it out with him first.
 
Also...

As far as the exemption for the almost 17 year old, there is only 1 more year that he could be claimed - I wouldn't worry about that threat of his. If the child has a part-time job, you could also ask that the child file his own tax return if it would mean that he gets a small refund - I can remember filing on my own when I was his age, getting like a $300 return...not much, granted, but at that age, it is. Of course, if it would mean that he would have to pay, of course have the parent claim him.

Definitely ask for the income to be imputed, based on the previous 3 or 4 tax filings...if he did not work last year as he said because he went to school, that should not matter - he was voluntarily underemployed, especially if his tax returns previous to that were in the high amounts you are stating they were. I would go back 2 or 3 years before his "$150 W-2", to show the consistancy of that income. Then he should be imputed an income close to what he was making.
 

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